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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[Criminal Power] On November 22, 2013, the Defendant was sentenced to a suspended sentence of one year for fraud at the Jeonju District Court, and the judgment became final and conclusive on February 14, 2014.
【Criminal Facts】
The defendant is a person who operates D Co., Ltd. in the Kunsan-si, and the victim E is a person who operates (oil)G in the Kim Jong-si.
Around April 2013, the Defendant stated that “The Defendant is establishing a D Ampi factory in the Gunsan-si, which is completed around July 2013.” The Defendant concluded a scrap metal contract that reads that “The Defendant would operate a factory after completing the construction of the factory and supply the scrap metal coming from the factory.”
However, in fact, at the time, the Defendant was in need of funding about KRW 5 billion in order to complete the Amym factory, but the Defendant was unable to obtain the above large amount of loans in a normal way because it did not meet the conditions required by financial institutions, and thus, the Defendant did not have the intent or ability to complete the Amym factory at the time of promise and supply the scrap metal to the Defendant.
As such, the Defendant, by deceiving the victim, was transferred from the victim to the Gwangju Bank Account in the name of the Defendant, KRW 20 million around May 15, 2013, and KRW 60 million around May 24, 2013.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Before the judgment: The defendant alleged that he had no intention to acquire by deception, but in light of the financial situation of the defendant and D, which is recognized by the above macroscopic evidence, and the progress of the construction of the factory at the time, the defendant was paid KRW 80 million for scrap metal by the victim even though he did not have the intent or ability to supply scrap metal to the victim upon completion of the Agum factory.